(C) A statement of current policies concerning campus law enforcement, including--

Transcription

1 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act 20 USC 1092 (f) Disclosure of campus security policy and campus crime statistics (1) Each eligible institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the campus security policies and campus crime statistics of that institution: (A) A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports. (B) A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities. (C) A statement of current policies concerning campus law enforcement, including-- (i) the enforcement authority of security personnel, including their working relationship with State and local police agencies; and (ii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies. (D) A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others. (E) A description of programs designed to inform students and employees about the prevention of crimes. (F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available-- (i) of the following criminal offenses reported to campus security authorities or local police agencies: (I) murder; (II) sex offenses, forcible or nonforcible; (III) robbery; (IV) aggravated assault; (V) burglary; (VI) motor vehicle theft; (VII) manslaughter; (VIII) arson; and (IX) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and

2 (ii) of the crimes described in subclauses (I) through (VIII) of clause (i), and other crimes involving bodily injury to any person in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, which data shall be collected and reported according to category of prejudice. (G) A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-campus student organizations which are recognized by the institution and that are engaged in by students attending the institution, including those student organizations with off- campus housing facilities. (H) A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under section 1011i of this title. (I) Redesignated (H) (2) Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to campus crimes or campus security. (3) Each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 shall make timely reports to the campus community on crimes considered to be a threat to other students and employees described in paragraph (1)(F) that are reported to campus security or local law police agencies. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. (4)(A) Each institution participating in any program under this subchapter [20 U.S.C.A et seq.] and part C of subchapter I of chapter 34 of Title 42 [42 U.S.C.A et seq.] that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including-- (i) the nature, date, time, and general location of each crime; and (ii) the disposition of the complaint, if known. (B)(i) All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority. (ii) If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department. (iii) If there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information. (5) On an annual basis, each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 [42 U.S.C.A et seq.] shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(F). The Secretary shall--

3 (A) review such statistics and report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on campus crime statistics by September 1, 2000; (B) make copies of the statistics submitted to the Secretary available to the public; and (C) in coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime. (6)(A) In this subsection: (i) The term "campus" means-- (I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor). (ii) The term "noncampus building or property" means-- (I) any building or property owned or controlled by a student organization recognized by the institution; and (II) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution. (iii) The term "public property" means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes. (B) In cases where branch campuses of an institution of higher education, schools within an institution of higher education, or administrative divisions within an institution are not within a reasonably contiguous geographic area, such entities shall be considered separate campuses for purposes of the reporting requirements of this section. (7) The statistics described in paragraph (1)(F) shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as implemented pursuant to the Hate Crime Statistics Act. Such statistics shall not identify victims of crimes or persons accused of crimes. (8)(A) Each institution of higher education participating in any program under this subchapter and part C of subchapter I of chapter 34 of Title 42 shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding--

4 (i) such institution's campus sexual assault programs, which shall be aimed at prevention of sex offenses; and (ii) the procedures followed once a sex offense has occurred. (B) The policy described in subparagraph (A) shall address the following areas: (i) Education programs to promote the awareness of rape, acquaintance rape, and other sex offenses. (ii) Possible sanctions to be imposed following the final determination of an oncampus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible. (iii) Procedures students should follow if a sex offense occurs, including who should be contacted, the importance of preserving evidence as may be necessary to the proof of criminal sexual assault, and to whom the alleged offense should be reported. (iv) Procedures for on-campus disciplinary action in cases of alleged sexual assault, which shall include a clear statement that-- (I) the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; and (II) both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault. (v) Informing students of their options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. (vi) Notification of students of existing counseling, mental health or student services for victims of sexual assault, both on campus and in the community. (vii) Notification of students of options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available. (C) Nothing in this paragraph shall be construed to confer a private right of action upon any person to enforce the provisions of this paragraph. (9) The Secretary shall provide technical assistance in complying with the provisions of this section to an institution of higher education who requests such assistance. (10) Nothing in this section shall be construed to require the reporting or disclosure of privileged information. (11) The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection. (12) For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an institution of higher education shall distinguish, by means of separate categories, any criminal offenses that occur-- (A) on campus; (B) in or on a noncampus building or property; (C) on public property; and (D) in dormitories or other residential facilities for students on campus. (13) Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 1094(c)(3)(B) of this title. (14)(A) Nothing in this subsection may be construed to--

5 (i) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or (ii) establish any standard of care. (B) Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection. (15) This subsection may be cited as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act". Notes The Hate Crime Statistics Act, referred to in subsec. (f)(7), is Public Law , Apr. 23, 1990, 104 Stat. 140, which is set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure. Effective Dates 1998 Acts. Amendment by Pub.L effective Oct. 1, 1998, except as otherwise provided, see section 3 of Public Law Acts. Section 486(c)(3) of Pub.L provided that: "The amendment made by this subsection to subparagraph (F)(ii) of section 485(f)(1) of the Act [subsec. (f)(1)(f)(ii) of this section] shall be effective with respect to reports made pursuant to such section on or after September 1, The statistics required by subparagraph (F) of such section shall-- "(A) in the report required on September 1, 1992, include statistics concerning the occurrence on campus of offenses during the period from August 1, 1991, to July 31, 1992; "(B) in the report required on September 1, 1993, include statistics concerning the occurrence on campus of offenses during (i) the period from August 1, 1991, to December 31, 1991, and (ii) the calendar year 1992; "(C) in the report required on September 1, 1994, include statistics concerning the occurrence on campus of offenses during (i) the period from August 1, 1991, to December 31, 1991, and (ii) the calendar years 1992 and 1993; and "(D) in the report required on September 1 of 1995 and each succeeding year, include statistics concerning the occurrence on campus of offenses during the three calendar years preceding the year in which the report is made." 1990 Acts. Section 204(c) of Pub. L , provided that: "The amendments made by this section [enacting subsec. (f) of this section] shall take effect on September 1, 1991, except that the requirement of section 485(f)(1)(F) and (H) of the Higher Education Act of 1965 [subsec. (f)(1)(f) and (H) of this section] (as added by this section) shall be applied to require statistics with respect to school years preceding the date of enactment of this Act [Nov. 8, 1990] only to the extent that data concerning such years is reasonably available." Congressional Findings for Public Law Section 202 of P.L provided that: "The Congress finds that-- "(1) the reported incidence of crime, particularly violent crime, on some college campuses has steadily risen in recent years; "(2) although annual 'National Campus Violence Surveys' indicate that roughly 80 percent of campus crimes are committed by a student upon another student and that approximately 95 percent of the campus crimes that are violent are alcohol- or drug-related, there are currently no comprehensive data on campus crimes; "(3) out of 8,000 postsecondary institutions participating in Federal student aid programs,

6 only 352 colleges and universities voluntarily provide crime statistics directly through the Uniform Crime Report of the Federal Bureau of Investigation, and other institutions report data indirectly, through local police agencies or States, in a manner that does not permit campus statistics to be separated; "(4) several State legislatures have adopted or are considering legislation to require reporting of campus crime statistics and dissemination of security practices and procedures, but the bills are not uniform in their requirements and standards; "(5) students and employees of institutions of higher education should be aware of the incidence of crime on campus and policies and procedures to prevent crime or to report occurrences of crime; "(6) applicants for enrollment at a college or university, and their parents, should have access to information about the crime statistics of that institution and its security policies and procedures; and "(7) while many institutions have established crime preventive measures to increase the safety of campuses, there is a clear need-- "(A) to encourage the development on all campuses of security policies and procedures; "(B) for uniformity and consistency in the reporting of crimes on campus; and "(C) to encourage the development of policies and procedures to address sexual assaults and racial violence on college campuses." Amendments 1998 Amendments. Subsec. (f)(1)(f). Pub.L , 486(e)(1)(A), rewrote subpar. (F), which formerly read: "Statistics concerning the occurrence on campus, during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of the following criminal offenses reported to campus security authorities or local police agencies-- "(i) murder; "(ii) sex offenses, forcible or nonforcible; "(iii) robbery; "(iv) aggravated assault; "(v) burglary; and "(vi) motor vehicle theft." Subsec. (f)(1)(h), (I). Pub.L , 486(e)(1)(B), (C), struck out subpar. (H) and redesignated subpar. (I) as (H). Prior to repeal, former subpar. (H) read: "(H) Statistics concerning the number of arrests for the following crimes occurring on campus: "(i) liquor law violations; "(ii) drug abuse violations; and "(iii) weapons possessions." Pub.L , 102(b)(3), substituted "section 1011i of this title" for "section 1145g of this title" in subpar. (I), now redesignated (H). Subsec. (f)(4). Pub.L , 486(e)(5), (6), redesignated former par. (4) as (5) and inserted a new par. (4). Former par. (5) redesignated (6). Subsec. (f)(5). Pub.L , 486(e)(5), redesignated former par. (4) as (5). Former par. (5) redesignated (6). Pub.L , 486(e)(2)(A), (B), substituted "On an annual basis, each" for "Upon the request of the Secretary, each" and "paragraph (1)(F)" for "paragraphs (1)(F) and (1)(H)" in former par. (4), prior to the redesignation of such par. (4) as (5). Subsec. (f)(5)(a). Pub.L , 486(e)(2)(C) to (E), substituted "Education and the Workforce" for "Education and Labor"; substituted "September 1, 2000" for "September 1, 1995"; and struck out "and" at the end of former par. (4)(A), prior to the redesignation of such par. (4)(A) as (5)(A).

7 Subsec. (f)(5)(b), (C). Pub.L , 486(e)(2)(F), (G), redesignated former subpar. (B) as (C) and inserted a new subpar. (B) in former par. (4), prior to the redesignation of such par. (4) as (5). Subsec. (f)(6). Pub.L , 486(e)(5), redesignated former par. (5) as (6). Subsec. (f)(6)(a). Pub.L , 486(e)(3), rewrote former par. (5)(A), prior to redesignated as par. (6)(A). Prior to such redesignation, former par. (5)(A) read: "(5)(A) For purposes of this subsection, the term "campus" includes-- "(i) any building or property owned or controlled by the institution of higher education within the same reasonably contiguous geographic area and used by the institution in direct support of, or related to its educational purposes; or "(ii) any building or property owned or controlled by student organizations recognized by the institution." Subsec. (f)(7). Pub.L , 486(e)(4), (5), substituted "paragraph (1)(F)" for "paragraphs (1)(F) and (1)(H)" and added "Such statistics shall not identify victims of crimes or persons accused of crimes." at the end of former par. (6) and redesignated such former par. (6) as par. (7). Former par. (7) was redesignated (8). Subsec. (f)(8). Pub.L , 486(e)(5), redesignated former par. (7) as (8). Subsec. (f)(9) to (15). Pub.L , 486(e)(7), added pars. (9) to (15) Amendments. Subsec. (f)(1)(f)(ii). Pub.L , 486(c)(1), substituted "sex offenses; forcible or nonforcible;" for "rape;". Subsec. (f)(7). Pub.L , 486(c)(2), added par. (7). Subsec. (f)(1). Pub.L , 10(d), substituted "August 1, 1991" for "September 1, 1991" in the provisions preceding subpar. (A) and in subpar. (F) substituted "calendar year" and "calendar years" for "school year" and "school years", respectively Amendments. Subsec. (f). Pub.L , 204(a), added subsec. (f). Conforming Regulations Section 401(a) of Pub.L provided that: "The Secretary is authorized to issue regulations to carry out the provisions of this Act [Pub.L , for distribution of which, see Short Title Note set out under section 1001 of this title]."